441.5 Impact Of Trusts On MA LTC Eligibility - Trusts Which Are Not Counted

 

The trusts in this section are not counted as resources in determining an individual’s eligibility for MA. The procedures in Section 441.4  Trusts Which Are Counted, do not apply to the trusts in this section.

 

NOTE: The CAO must forward a complete copy of the excluded trust to the Office of General Counsel for review. The Office of General Counsel will notify the CAO of its decision regarding the exclusion of the trust as an available resource to the individual

 

441.51 Special Needs Trust

Special Needs Trusts (SNT) were established by the Federal Government in the Omnibus Budget Reconciliation Act of 1993 (OBRA 93) The purpose of an SNT is to permit a disabled individual to retain all of his or her assets and still qualify for MA.

 

PL 114-255 § 5007

62 P.S. § 1414      55 Pa. Code §178.7(f) (1)

 

 

 

When a SNT is established for an individual who is disabled and under age 65, the CAO will continue to exclude the SNT even after the individual turns age 65. However, no additions may be made to the SNT after the individual turns age 65. If the individual places assets in the SNT after the individual turns age 65, that transfer must be considered a transfer for less than fair market value.

 

EXCEPTION:   If the SNT was funded with proceeds from a structured settlement (such as the proceeds from the settlement of a personal injury lawsuit) prior to the individual turning age 65, the structured settlement proceeds going into the SNT after the individual attains age 65 are not considered transfers for less than fair market value.

 

To qualify for this exclusion, the individual must meet the MA SSI-related disability criteria. When the individual receives either Title II or SSI disability benefits, the CAO will accept the disability determination made for those benefits.

 

The Office of General Counsel must approve the Special Needs Trust.   The OGC will issue a letter stating the SNT was reviewed and approved. The individual or trustee may have a copy of the signed letter from OGC approving the SNT. If the individual does not have an approval letter, the CAO should submit the SNT to Office of General Counsel for approval.

 

62 P.S. § 1414

 

 

Transfers to an approved SNT are exempt from fair market value considerations. If the OGC determines a trust does not qualify as an approved SNT, any transfer into the SNT must be treated as a transfer for less than fair market value.

 

55 Pa. Code §178.104(e) (2) (iv)

 

NOTE: A Medicare Set Aside (MSA)  arrangement is not a trust that is excluded in determining an individual's eligibility for MA. However, if the MSA is part of an approved SNT, the MSA should not be considered an available resource to the individual.

 

441.52 Pooled Trusts

A pooled trust is a trust which contains the assets of an individual who is disabled. The trust must meet the following conditions:

 

To qualify for this exclusion, the individual must meet the MA SSI-related disability criteria. When the individual receives either Title II or SSI disability benefits, the CAO will accept the disability determination made for those benefits. If the individual is not receiving those benefits, the CAO will make the necessary referral for a disability determination.

NOTE: For an individual over the age of 65, transfers into a pooled trust account must be treated as transfers for less than fair market value.

 

Updated October 12, 2017; Replacing July 11, 2014